92 Decision Citation: BVA 92-06723
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-49 651 ) DATE
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THE ISSUE
Entitlement to an increased evaluation for bilateral pes
cavus, currently evaluated as 10 percent disabling.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
William J. Jefferson, Associate Counsel
INTRODUCTION
This case came before the Board on appeal from rating
decision of the Boston, Massachusetts, Regional Office
(hereinafter RO). The appellant had active service from
June 1945 to January 1947. A rating decision of February
1991, continued the veteran's 10 percent evaluation for
bilateral pes cavus. He was notified of that determination
in March 1991. A notice of disagreement was received in
March 1991. A statement of the case was issued in April
1991. A substantive appeal was received in July 1991. A
personal hearing was held at the RO in July 1991. A
decision was rendered by hearing officer at the RO in
September 1991. A supplemental statement of the case was
issued in September 1991. A rating decision in October 1991
confirmed the prior 10 percent evaluation for bilateral pes
cavus. A statement from the veteran's accredited
representative, Disabled American Veterans, dated in
November 1991, was associated with the claims folder. The
case was received and docketed at the Board of Veterans'
Appeals in November 1991. An informal brief was submitted
by the veteran's accredited representative dated in January
1992.
REMAND
The veteran disagrees with the RO in continuing his
10 percent evaluation for bilateral pes cavus which has been
in effect since 1949. In August 1991, a Department of
Veterans Affairs VA compensation examination of the
veteran's pes cavus disorder was performed. A review of the
examination report reveals that the examination was cursory,
essentially limited to the veteran's complaints of
progressive pain in both feet, an indication that the feet
were not swollen, and a diagnosis of bilateral pes cavus,
with a right foot deformity.
The examination is essentially devoid of objective findings
consistent with the VA's Physician's Guide for Disability
Evaluation Examinations. The examination report does not
indicate the functional impairment that the service
connected pes cavus produces, if any, and severity of
deformities, areas of tenderness, callosities, shortening or
contracture of the plantar fascia and dorsiflexion of the
toes and ankles. Additionally, the examination report
specifically indicates that X-rays of the feet were
recommended. However, an X-ray report of the feet is not
located in the claim folder.
It is pertinent to note that the VA has a statutory duty to
assist veteran's with their claims. 38 U.S.C.A. § 5107(a)
(1991).
In view of the foregoing, the Board concludes that
additional clinical information is necessary in this case.
Therefore, the case is REMANDED to the RO for the following:
1. The RO, after obtaining a signed
authorized release from the veteran,
should obtain his complete clinical
records from Glen A. Rhul, D.P.M., 479
Main Street, Woburn, Massachusetts, 01801,
and associate those records with the
claims folder.
2. The veteran should be afforded a VA
orthopedic examination of the feet to
determine the extent of his bilateral pes
cavus disorder. The examination should
include a detailed description of the
veteran's bilateral pes cavus disorder and
any associated functional impairment
resulting from the disorder. All
appropriate tests and studies are to be
performed, and the examination should
utilize the guidelines set forth in the
VA's Physician's Guide for Disability
Evaluation Examinations.
When the requested development has been accomplished, the
case should be reviewed by the originating agency. If the
claim remains in a denied status, the appellant and his
representative should be furnished with a supplemental
statement of the case, and afforded a reasonable opportunity
to respond thereto. Thereafter, if necessary, the case and
the requested evidentiary data should be returned to the
Board of Veterans' Appeals for further appellate
disposition.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
J. E. DAY M. WOLOWITZ
SAMUEL W. WARNER
Under 38 U.S.C. § 7252 (1991), only a decision of the Board
of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of
a preliminary order and does not constitute a decision of
the Board on the merits of your appeal.